COMMITTEE AMENDMENT NO
COMMITTEE AMENDMENT NO. 1 By: Armbrister
Amend S.B. No. 329 as follows:
(1) Delete Subsection (b) in Section 5 of S.B. No. 329 and substitute the following:
SECTION 5. Section 43.105, Parks and Wildlife Code, is amended to read as follows:
(b) A permit holder under this subchapter [An applicant for a permit to control depredating animals from an aircraft must submit an application containing the landowner's authorization to control depredating animals to the department for each land holding stating the kind and number of depredating animals to be controlled.
[(c) An applicant for a permit to manage wildlife from an aircraft] must submit a [an application containing the] landowner's authorization to manage wildlife or exotic animals to the department identifying the land to be managed and [for each land holding] stating the kind and number of wildlife or exotic animals to be managed. The landowner's authorization may be submitted by a group of landowners or by an association on behalf of such landowners.
(2) Amend Subsection (b) in Section 6 of S.B. No. 329 by adding the following sentence after the "(b)":
A landowner agreement application to manage wildlife may be approved by the department for the time period required to complete the management activity but not for less than one year.
(3) Delete Section 10 of S.B. No. 329 and substitute the following:
SECTION 10. Section 43.110, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.110. PERMIT FEE. The [commission shall set a] fee for a permit that authorizes [the taking of depredating animals or] the management of wildlife or exotic animals by the use of aircraft is $200 or an amount set by the commission not to exceed $200.
A BILL TO BE ENTITLED
AN ACT
relating to the management of certain wildlife or exotic animals from aircraft; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Subchapter G, Chapter 43, Parks and Wildlife Code, is amended to read as follows:
SUBCHAPTER G. PERMITS TO [CONTROL DEPREDATING ANIMALS
AND TO] MANAGE WILDLIFE AND EXOTIC ANIMALS FROM AIRCRAFT
SECTION 2. Sec. 43.102, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.102. PERMIT AUTHORIZED. Under Public Law 92-159, Section (b)(1) (85 Stat. 480, 16 U.S.C. 742j-1), the department may issue permits for the [control of depredating animals or the] management of wildlife and exotic animals by the use of aircraft in this state.
SECTION 3. Section 43.103, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.103. DEFINITIONS. In this subchapter:
(1) "Aircraft" means a mechanical or other device used for flight in the air.
(2) "Depredating animals" means bobcats, feral hogs, red foxes, [exotic animals,] coyotes, and crossbreeds between coyotes and dogs but does not include birds or fowl.
(3) "Exotic animals" includes exotic livestock and exotic fowl [animals] as defined by Section 161.001(a), Agriculture Code [62.015 of this code] and wild animals that are nonindigenous to Texas [that are defined by Section 12.601 of this code].
(4) "Harass" means to disturb, worry, molest, harry, torment, rally, concentrate, drive, or herd.
(5) "Management [Manage] by the use of aircraft" means counting, photographing, relocating, capturing, or hunting [to count, photograph, relocate, or capture] by the use of aircraft.
(6) "Wildlife" means any vertebrate species or their hybrids that normally live in a state of nature and are not ordinarily domesticated. This definition includes depredating animals [other than a domesticated animal].
SECTION 4. Section 43.104, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.104. GROUNDS TO ISSUE PERMIT. [(a)] The department may issue a permit to any person if the department finds that management of wildlife or exotic animals [control of depredating animals] by the use of aircraft is necessary to protect or to aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops[.
[(b) The department may issue a permit to a person authorizing the use of an aircraft to manage wildlife if the department finds that the use of an aircraft will aid in the management of wildlife] and will not have a deleterious effect on indigenous species.
SECTION 5. Section 43.105, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.105. APPLICATION FOR PERMIT. (a) An applicant for a permit under this subchapter shall file with the application one or more affidavits, containing facts as well as opinion, as to why the permit should be issued for [the control of depredating animals or] the management of wildlife or exotic animals by the use of aircraft.
(b) [An applicant for a permit to control depredating animals from an aircraft must submit an application containing the landowner's authorization to control depredating animals to the department for each land holding stating the kind and number of depredating animals to be controlled.
[(c)] An applicant for a permit under this subchapter [to manage wildlife from an aircraft] must submit an application containing the landowner's authorization to manage wildlife or exotic animals to the department for each land holding stating the kind and number of wildlife or exotic animals to be managed.
SECTION 6. Section 43.106, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.106. FORM AND PERIOD OF VALIDITY OF PERMIT; RENEWAL. (a) The department shall prescribe the form and manner of issuance of, and periods of validity and renewal dates for, permits and landowner's authorizations authorized by this subchapter.
(b) A landowner's authorization for the management of wildlife or exotic animals by the use of aircraft in which permission to hunt wildlife or exotic animals is sought may be approved only for hunting depredating animals or exotic animals. [The department may issue a permit to control depredating animals for a period not to exceed one year and may renew a permit on a showing that the renewal is necessary.
[(c) The department may issue a permit to manage wildlife for a period not to exceed one year and may renew the permit on a showing that the renewal is necessary.
[(d) A landowner agreement application to manage wildlife may only be approved by the department on a case-by-case basis for the time period required to complete the management activity and under no circumstances to exceed 14 days.]
SECTION 7. Section 43.107, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.107. REPORTS REQUIRED. (a) The holder of a permit under this subchapter shall report to [file with] the department in the time and manner required by commission proclamation [within 30 days following the end of each calendar quarter or on termination of the permit, whichever occurs first, a report showing:
[(1) the name and address of the permit holder;
[(2) the number and a description of the depredating animals taken under the permit, and the number and description of the depredating animals authorized to be taken under the permit, or the number and description of wildlife captured or managed;
[(3) a description of the area to which the permit is applicable;
[(4) dates of flights taken for the control of depredating animals or for the management of wildlife; and
[(5) any other relevant information the department may require].
(b) An offense under this section may be prosecuted in the county in which the defendant resides or in the county where the offense took place.
SECTION 8. Section 43.109, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.109. REGULATIONS. (a) The commission may make regulations governing [control of depredating animals and] management of wildlife or exotic animals by the use of aircraft under this subchapter.
(b) A proclamation or regulation of the commission adopted under this subchapter may:
(1) prescribe forms and procedures for permit applications;
(2) establish procedures for the management of [controlling depredating animals or managing] wildlife or exotic animals by the use of aircraft;
(3) limit the time and the place for which a permit is valid;
(4) prohibit acts; and
(5) require, limit, or prohibit any activity as necessary to implement this subchapter.
SECTION 9. Section 43.1095, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.1095. PROHIBITED ACTS. (a) For purposes of this subchapter, a person commits an offense if that person:
(1) hunts or kills, or attempts to hunt or kill, from an aircraft any animal or bird that is not specifically authorized by a permit issued under this subchapter;
(2) [possesses a firearm or any other device capable of killing or wounding an animal or bird other than a device specifically authorized by the permit while operating under a permit issued to manage wildlife by use of aircraft;
[(3) uses an aircraft to hunt or kill animals defined as depredating animals without first obtaining and having in his immediate possession a valid permit to control depredating animals by the use of aircraft;
[(4)] uses an aircraft to manage wildlife or exotic animals without first obtaining and having in the person's [his] immediate possession a [valid] permit and a landowner's authorization for the management of [to manage] wildlife or exotic animals by the use of aircraft; or
(3) [(5)] uses an aircraft to harass wildlife, exotic animals, or any other animal or bird.
(b) It is a defense to prosecution for harassment of wildlife or exotic animals under this section if the person is engaged in the activity of counting, photographing, relocating, [or] capturing, or hunting wildlife or exotic animals under the authority of a permit under this subchapter [to manage wildlife by the use of aircraft].
(c) Nothing in this section authorizes a person to hunt any animal or bird from an aircraft for sport [conduct activities under a depredating animal control permit and a wildlife management permit simultaneously].
SECTION 10. Section 43.110, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.110. PERMIT FEE. The [commission shall set a] fee for a permit that authorizes [the taking of depredating animals or] the management of wildlife or exotic animals by the use of aircraft is $200 or an amount set by the commission, whichever amount is more.
SECTION 11. Section 43.111, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.111. PENALTY. (a) Except as otherwise provided by this section, a [A] person who violates any provision of this subchapter or a proclamation or regulation adopted under this subchapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
(b) A person who violates Section 43.107 commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(c) If it is shown at the trial of the defendant for a violation of this subchapter or a proclamation or regulation adopted under this subchapter that the defendant has been convicted of a Class A Parks and Wildlife Code misdemeanor violation of this subchapter within 10 years preceding the trial date, on conviction the defendant shall be punished for a Parks and Wildlife Code felony. This subsection does not apply if the previous conviction was for a violation of Section 43.107.
SECTION 12. Subsections (a), (d), (e), (f), and (g), Section 62.015, Parks and Wildlife Code, are amended to read as follows:
(a) In this section, "exotic animal" means exotic livestock or exotic fowl as defined by Section 161.001(a), Agriculture Code [axis deer, fallow deer, blackbuck antelope, sika deer, aoudad sheep, mouflon sheep, barbado sheep, European red deer, Corsican sheep, four-horned sheep, sambar deer, eland antelope, sable antelope, white-tailed gnu, impala, greater kudu, blesbok, gazelle, oryx, guanaco, llama, thar, nilgai antelope, or ibex].
(d) Except as provided in Subsections (e) and (f) of this section, no person may possess an exotic animal or the carcass of an exotic animal.
(e) Subsection (d) of this section does not apply to the owner or employee of the owner of the exotic animal, a person who holds a permit for the management of wildlife or exotic animals by the use of [to control depredating animals from an] aircraft under Subchapter G, Chapter 43, of this code, a public health officer, a law enforcement officer, or a veterinarian.
(f) It is an affirmative defense to a prosecution under Subsection (d) of this section that the person possessed the exotic animal or the carcass of the exotic animal with the knowledge and consent of the owner.
(g) A person who violates this section commits an offense that is a Class A Parks and Wildlife Code misdemeanor [is guilty of a misdemeanor and on conviction is punishable by a fine of not more than $1,500 or confinement in jail for not more than six months or both].
SECTION 13. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense occurs before the effective date of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.
SECTION 14. This Act takes effect September 1, 1995.
SECTION 15. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.
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